CitationBotticello v. Stefanovicz, 177 Conn. 22, 411 A.2d 16, 1979 Conn. LEXIS 697 (Conn. 1979) Brief Fact Summary. Plaintiff, Anthony Botticello, entered a real estate leasing agreement with an option to buy with Defendant-husband, Walter Stefanovicz. Plaintiff was unaware that Walter Stefanovicz only had an undivided half interest in the real estate, while Defendant-wife, Mary Stefanovicz, owned the other half and refused to accept the terms of the agreement. Synopsis of Rule of Law. Ratification of an agency relationship by the principal requires full knowledge of the material circumstan ...
Search Results
Lind v. Schenley Industries, Inc
CitationLind v. Schenley Industries, Inc., 278 F.2d 79, 1960 U.S. App. LEXIS 4945, 3 Fed. R. Serv. 2d (Callaghan) 954 (3d Cir. N.J. Apr. 6, 1960) Brief Fact Summary. Plaintiff, Dan Lind, sought recovery for lost wages and moving expenses from his employer-Defendant, Schenley Industries, Inc., when Defendant did not honor a salary agreement between Plaintiff and his immediate supervisor. Synopsis of Rule of Law. Apparent authority arises when “a principal acts in such a manner as to convey the impression to a third party that an agent has certain powers which he may or may not actually ...
Three-Seventy Leasing Corp. v. Ampex Corp
CitationThree-Seventy Leasing Corp. v. Ampex Corp., 528 F.2d 993, 1976 U.S. App. LEXIS 12319, 19 U.C.C. Rep. Serv. (Callaghan) 132 (5th Cir. Tex. Mar. 18, 1976) Brief Fact Summary. Plaintiff, Three-Seventy Leasing Corp., sought damages from Defendant, Ampex Corp., for a breach of contract to sell Plaintiff computer hardware. Synopsis of Rule of Law. An agent has the apparent authority to act in a manner that is reasonable for a person in the agent’s position, and a third party can rely on those actions when a principal indicates through its actions that an agent had the appropriate aut ...
A. Gay Jensen Farms Co. v. Cargill, Inc
CitationA. Gay Jenson Farms Co. v. Cargill, Inc., 309 N.W.2d 285, 1981 Minn. LEXIS 1380 (Minn. Aug. 14, 1981) Brief Fact Summary. The Plaintiffs, a group of individual, partner or corporate farmers, brought an action against Defendant principal-creditor, Cargill, Inc., and Defendant agent-debtor, Warren Grain & Seed Co., for damages sustained when Defendant debtor defaulted on contracts made with the farmers. Synopsis of Rule of Law. A fiduciary agency relationship merely requires a “manifestation of consent by one person to another that the other shall act on his behalf and subje ...
Jefferson Parish School Board v. First Commerce Corporation
CitationJefferson Parish Sch. Bd. v. First Commerce Corp., 669 So. 2d 1298, 1996 La. App. LEXIS 188, 31 U.C.C. Rep. Serv. 2d (Callaghan) 196, 95-1756 (La.App. 4 Cir. 02/15/96); (La.App. 4 Cir. Feb. 15, 1996) Brief Fact Summary. This is an appeal of a judgment of the trial court granting defendant’s Motion for Summary Judgment. Appellant claims that appellee is responsible for the amount of several forged checks. The appellee claims it has no liability because the parties agreed that the appellee was authorized to pay any checks that bore a signature that reasonably resembled the facs ...
HSBC Bank USA v. F & M Bank Northern Virginia
CitationHSBC Bank USA v. F&M Bank-Northern Va., 246 F.3d 335, 2001 U.S. App. LEXIS 5588, 44 U.C.C. Rep. Serv. 2d (Callaghan) 319 (4th Cir. Va. Apr. 4, 2001) Brief Fact Summary. The amount on a check was altered and the plaintiff paid the altered amount and debited the maker’s account. Upon discovering the fraudulent check, the plaintiff re-credited the maker’s account and sued defendant for the full amount it paid to the maker of the check. Defendant claims that the maker of the check did not use ordinary care in writing the check because open spaces on the check were left ...
Bowling Green, Inc. v. State Bank & Trust Co
CitationBowling Green, Inc. v. State Street Bank & Trust Co., 425 F.2d 81, 1970 U.S. App. LEXIS 9379, 7 U.C.C. Rep. Serv. (Callaghan) 635 (1st Cir. Mass. May 6, 1970) Brief Fact Summary. Plaintiff gave a manufacturer of bowling alley equipment a check out of a small business loan for the purchase of some bowling machines. The check was deposited in the defendant bank and the money was credited against an overdraft and applied to debts owed by the manufacturer. Plaintiff never received the equipment and the defendant remains in possession of the money. Synopsis of Rule of Law. Mass. Gen ...
Kaw Valley State Bank & Trust Co. v. Riddle
CitationKaw Valley State Bank & Trust Co. v. Riddle, 219 Kan. 550, 549 P.2d 927, 1976 Kan. LEXIS 398, 19 U.C.C. Rep. Serv. (Callaghan) 869 (Kan. 1976) Brief Fact Summary. Appellant, Kaw Valley State Bank & Trust (the “appellant”), held two notes and two security agreements to construction equipment purchased by the appellee, John Riddle (the “appellee”). The trial court determined that the appellant was not a holder in due course of one of the notes because the construction equipment secured by the note was never delivered to the appellee. Synopsis of Rule of ...
Daniel v. Bank of Hayward
CitationDaniel v. Bank of Hayward, 144 Wis. 2d 931, 425 N.W.2d 416, 1988 Wisc. LEXIS 69, 6 U.C.C. Rep. Serv. 2d (Callaghan) 958 (Wis. June 30, 1988) Brief Fact Summary. Joseph and Marijane Daniel, (Plaintiffs), entered into a contract to purchase a van from Don Hofstadter, Inc., a motor vehicle dealership. When Plaintiffs attempted to complete the purchase, the Bank of Hayward, (Defendant), who had taken over the dealership pursuant to a security agreement, refused to release the van unless Plaintiffs paid Defendant’s interest in the vehicle, an amount greater than that which Plaintiff ...
Peerless Packing Co. v. Malone & Hyde, Inc
CitationPeerless Packing Co. v. Malone & Hyde, Inc., 180 W. Va. 267, 376 S.E.2d 161, 1988 W. Va. LEXIS 249, 8 U.C.C. Rep. Serv. 2d (Callaghan) 196 (W. Va. Dec. 20, 1988) Brief Fact Summary. Peerless Packing Co., (Appellant), brought suit against Malone & Hyde, Inc. (Appellee), alleging unjust enrichment. Appellant appeals a directed verdict in Appellee’s favor. Synopsis of Rule of Law. Equitable claims of unjust enrichment are generally disallowed in cases governed by Article 9 of the U.C.C. ...
Basile v. Erhal Holding Corp
CitationBasile v. Erhal Holding Corp., 148 A.D.2d 484, 538 N.Y.S.2d 831, 1989 N.Y. App. Div. LEXIS 2711 (N.Y. App. Div. 2d Dep’t Mar. 13, 1989) Brief Fact Summary. Erhal Holding Corp., (Defendant), moves for a declaration that Ms. Basile, (Plaintiff), waived her right of redemption when she executed a mortgage and deed to Defendant in lieu of foreclosure. The Supreme Court of New York granted Defendant’s motion and Plaintiff appeals. Synopsis of Rule of Law. A deed that is executed as security for a loan of money will be treated as a mortgage. A borrower has an unwaivable right t ...
McMahon Food Corp. v. Burger Dairy Co
CitationMcMahon Food Corp. v. Burger Dairy Co., 103 F.3d 1307, 1996 U.S. App. LEXIS 33894, 31 U.C.C. Rep. Serv. 2d (Callaghan) 283 (7th Cir. Ill. Dec. 30, 1996) Brief Fact Summary. Burger Dairy Co., (Appellee), contracted with McMahon Food Corporation, (Appellant) for the sale of milk products. A dispute arose over a debt accrued by Appellant and Appellant brought suit claiming the dispute was resolved through an accord and satisfaction. Appellant appeals the trial court ruling that the accord was and satisfaction was obtained through deceit. Synopsis of Rule of Law. Pursuant to good faith r ...
DBA Enterprises, Inc. v. Findlay
CitationDBA Enters. v. Findlay, 923 P.2d 298, 1996 Colo. App. LEXIS 21, 28 U.C.C. Rep. Serv. 2d (Callaghan) 1297, 20 BTR 65 (Colo. Ct. App. Jan. 25, 1996) Brief Fact Summary. Lauretta and James Findlay, (Appellants), appeal the denial of their counterclaim to enforce a promissory note given by DBA Enterprises, (Appellees) in partial payment for the sale of Appellants business. Synopsis of Rule of Law. To be a negotiable instrument, a promissory note must be an unconditional promise to pay a sum certain. ...
Nagel v. Cronebaugh
CitationNagel v. Cronebaugh, 782 So. 2d 436, 2001 Fla. App. LEXIS 2350, 45 U.C.C. Rep. Serv. 2d (Callaghan) 1095, 26 Fla. L. Weekly D 631 (Fla. Dist. Ct. App. 5th Dist. Mar. 2, 2001) Brief Fact Summary. Richard Nagel, (Appellant), appeals a final judgment denying foreclosure of a mortgage. Synopsis of Rule of Law. In order for an instrument to be negotiable under the U.C.C. it must contain an unconditional promise to pay a sum certain. ...
Modern Photo Offset Supply v. The Woodfield Group
CitationModern Photo Offset Supply v. Woodfield Group, 663 N.E.2d 547, 1996 Ind. App. LEXIS 414 (Ind. Ct. App. Apr. 12, 1996) Brief Fact Summary. Modern Photo Offset Supply, (Appellant), brought suit against The Woodfield Group and Repro Image, Ltd. for payment on a debt and Richard C. MacGill, (MacGill), as guarantor of that debt. Appellant appeals summary judgment in favor of MacGill. Synopsis of Rule of Law. Words used in a contract are to be given their usual and meaning unless, from the entire contract and the subject-matter thereof, it is clear that some other meaning was intended. Spe ...
Trimec, Inc. v. Zale Corporation
CitationTrimec, Inc. v. Zale Corp., 150 B.R. 685, 1993 U.S. Dist. LEXIS 273 (N.D. Ill. Jan. 13, 1993) Brief Fact Summary. Trimec, Inc. brought suit against Zale Corporation (Zale) and Aeroplex Stores Inc. (Aeroplex) for losses resulting from a joint venture with Aeroplex called Aeroplex O’Hare. Aeroplex and Zale filed a third-party complaint against the City of Chicago, (the “City”) with whom Aeroplex O’Hare had contracted. The City counterclaimed against Aeroplex, Trimec, Aeroplex O’Hare, Zale as a guarantor, and FIC as a surety. Aeroplex, Trimec, and Zale move ...
Samuel Rappaport Family Partnership v. Meridian Bank
CitationSamuel Rappaport Family Partnership v. Meridian Bank, 657 A.2d 17, 441 Pa. Super. 194, 1995 Pa. Super. LEXIS 891, 26 U.C.C. Rep. Serv. 2d (Callaghan) 474 (Pa. Super. Ct. Apr. 11, 1995) Brief Fact Summary. Samuel Rappaport Family Partnership, (Appellant), brought suit after Meridian Bank, (Appellee), refused to honor a sight draft. Appellant appeals the trial court holding that Appellee properly dishonored the sight draft due to the presentment’s failure to comply with the strict terms of the letter of credit. Synopsis of Rule of Law. The death of a person mentioned in a letter ...
Hyland v. First USA Bank
CitationHyland v. First USA Bank, 1995 U.S. Dist. LEXIS 14794, 1995 WL 595861 (E.D. Pa. Sept. 28, 1995) Brief Fact Summary. The Hylands, (Plaintiffs), brought suit against First USA Bank, (Defendant) after Defendant refused to provide consumer protection for a purchase Plaintiffs made outside of the United States. Synopsis of Rule of Law. A waiver is a voluntary and intentional relinquishment or abandonment of a known right. ...
Maryott v. First National Bank
CitationMaryott v. First Nat’l Bank, 624 N.W.2d 96, 2001 S.D. LEXIS 43, 2001 SD 43, 44 U.C.C. Rep. Serv. 2d (Callaghan) 240 (S.D. Apr. 4, 2001) Brief Fact Summary. Ned Maryott, (Plaintiff), brought this action against First National Bank, (Defendant) for the wrongful dishonor of three checks. Defendant appeals the trial court ruling in favor of Plaintiff in the amount of $250,000 for lost income, $200,000 for lost value of Plaintiff’s business, and $150,000 for emotional distress. Synopsis of Rule of Law. While emotional damages may be recoverable under U.C.C. Section:4-402, they ...
McGuire v. Bank One, Louisiana, N.A
CitationMcGuire v. Bank One, N.A., 744 So. 2d 714, 1999 La. App. LEXIS 2963, 42 U.C.C. Rep. Serv. 2d (Callaghan) 804, 32,444 (La.App. 2 Cir. 10/27/99); (La.App. 2 Cir. Oct. 27, 1999) Brief Fact Summary. Lottie M. McGuire, (Petitioner), filed suit against Bank One, Louisiana, N.A., (Respondent), for damages because a substantial overdraft resulted when Respondent paid a check drawn by Petitioner on her own checking account. The trial court sustained Respondent’s exception of no cause of action and Petitioner appeals. Synopsis of Rule of Law. A bank’s payment of a check is expressl ...
Chronister Oil Co. v. Unocal Refining & Marketing
CitationChronister Oil Co. v. Unocal Ref. & Mktg., 34 F.3d 462, 1994 U.S. App. LEXIS 23958, 24 U.C.C. Rep. Serv. 2d (Callaghan) 485 (7th Cir. Ill. Sept. 1, 1994) Brief Fact Summary. Chronister Oil Co., (Petitioner) brought suit for breach of contract against Unocal Refining & Marketing, (Respondent) arising out of a contract for the sale of 25,000 barrels of gasoline by Petitioner to Respondent at 60.4 cents per gallon. The district court ruled that Petitioner had breached the contract and awarded Respondent damages. Synopsis of Rule of Law. If a reasonable response for a buyer to th ...
Weil v. Murray
CitationWeil v. Murray, 161 F. Supp. 2d 250, 2001 U.S. Dist. LEXIS 4117, 44 U.C.C. Rep. Serv. 2d (Callaghan) 482 (S.D.N.Y. Apr. 4, 2001) Brief Fact Summary. Robert S. Weil and Jean K. Weil, (Plaintiffs) brought suit against Mark Murray, Ian Peck, and John or Jane Doe, (Defendants), for breach of contract, specific performance, and injury to property arising from Defendants alleged agreement to purchase a painting by Edgar Degas titled, “Aux Courses.” Plaintiffs successfully moved for summary judgment and Mark Murray appeals. Synopsis of Rule of Law. In order for a seller to estab ...
Design Data Corp. v. Maryland Casualty Co
CitationDesign Data Corp. v. Maryland Casualty Co., 503 N.W.2d 552, 243 Neb. 945, 1993 Neb. LEXIS 206, 21 U.C.C. Rep. Serv. 2d (Callaghan) 230 (Neb. Aug. 6, 1993) Brief Fact Summary. Design Data Corp., (Plaintiff), brought this suit against Maryland Causalty Co., (Defendant), after Defendant denied Plaintiff’s claim made on a commercial insurance policy. Plaintiff seeks to recover for damages caused to its product while in transit from Plaintiff’s place of business to a buyer’s place of business. Defendant denies coverage of the product claiming Plaintiff had no insurable i ...
Colonial Pacific Leasing Corp. v. J.W.C.J.R. Corp
CitationColonial Pac. Leasing Corp. v. J.W.C.J.R. Corp., 1999 UT App 91, 977 P.2d 541, 1999 Utah App. LEXIS 50, 365 Utah Adv. Rep. 27, 38 U.C.C. Rep. Serv. 2d (Callaghan) 424 (Utah Ct. App. Mar. 25, 1999) Brief Fact Summary. J.W.C.J.R. Corp., (Defendant), appeals a trial court ruling in favor of Colonial Pacific Leasing Corp. (Plaintiff) that Defendant breached a lease agreement by failing to pay the required lease payments. Synopsis of Rule of Law. Whether a buyer has had a reasonable opportunity to inspect goods and thus whether those goods have been accepted is a factual determination. ...
Holbrook v. Holbrook
Citation474 S.E.2d 900 (W. Va. 1996) Brief Fact Summary. The circuit court dismissed the complaint of Edwina T. Holbrook, (Appellant) against Arthur M. Holbrook, Jr., and Gladys J. Holbrook, (Appellees), in an action in which Appellant sought specific performance to compel Appellees to convey to her a certain interest in real property. The dismissal was based on Appellees claim that inasmuch as the action involved an oral agreement for the sale of land, the agreement was unenforceable pursuant to West Virginia’s statute of frauds Synopsis of Rule of Law. A party to an oral contract for t ...